SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed June 4, 2019, 11:10 a.m., effective July 5, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This amended rule and new rule are necessary to help the developmental disabilities administration (DDA) comply with federal medicaid law and receive federal funding. The changes clarify the care provided at residential habilitation centers by cross-referencing the level of care for nursing facilities under WAC 388-106-0355, and by incorporating language from C.F.R. to describe active treatment services in intermediate care facilities for individuals with intellectual disabilities.
Citation of Rules Affected by this Order: New WAC 388-837-9010; and amending WAC 388-825-091.
Other Authority: RCW 71A.12.120
, 42 C.F.R. 483.440.
Adopted under notice filed as WSR 19-08-043 on March 29, 2019.
A final cost-benefit analysis is available by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, phone 360-407-1589, fax 360-407-0955, TTY 1-800-833-6388, email Chantelle.Diaz@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
Date Adopted: June 4, 2019.
AMENDATORY SECTION(Amending WSR 15-17-094, filed 8/18/15, effective 9/18/15)
WAC 388-825-091Am I eligible for residential habilitation center (RHC) services?
(1) If you are twenty-one years of age or over, you are eligible to receive residential habilitation center (RHC) services if:
(a) You have been determined to meet DDA eligibility criteria;
(b) You choose to receive services in the RHC;
(c) ((You need the level of care provided at the RHC; and
(d))) DDA has determined that you can be supported safely in an RHC environment and will not pose a danger to other residents of the RHC; ((or))and
(d) You need the level of care provided at the RHC, which is either:
(i) Nursing facility level of care under WAC 388-106-0355 for a client admitted to, or seeking admission to, a state-operated nursing facility; or
(ii) Intermediate care facility for individuals with intellectual disabilities (ICF/IID) level of care under WAC 388-828-1020 for a client admitted to, or seeking admission to, a state-operated ICF/IID.
(2) If you are sixteen through twenty years of age, and meet (1)(a) through (d) above you may not be admitted to receive services at a residential habilitation center unless there are no service options available in the community to appropriately meet your needs. Such admission is limited to the provision of short-term respite or crisis stabilization services.
(3) If you are under age sixteen you are not eligible to receive services at a residential habilitation center.
(4) Admission to a nursing facility at a RHC also requires completion of preadmission screening and resident review (PASRR) requirements as described in chapter 388-97 WAC.
WAC 388-837-9010Must a client who is admitted by a residential habilitation center's ICF/IID be in need of and receiving active treatment services?
(1) An individual who is admitted by a residential habilitation center's intermediate care facility for individuals with intellectual disabilities must be in need of and receiving active treatment services.
(2) Active treatment services means a continuous active treatment program, which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services, and related services described in 42 C.F.R. 483.400 through 483.480, that is directed toward:
(a) The acquisition of the behaviors necessary for the client to function with as much self-determination and independence as possible; and
(b) The prevention or deceleration of regression or loss of current optimal functional status.